[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 716 Enrolled Bill (ENR)]
H.R.716
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To amend the Fishermen's Protective Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Fisheries Act of 1995''.

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The Table of contents for this Act is as follows:

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COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

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TITLE I

-HIGH SEAS FISHING COMPLIANCE

This title may be cited as the ``High Seas Fishing Compliance Act
of 1995''.

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It is the purpose of this Act--
(1) to implement the Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Conference of the Food and
Agriculture Organization of the United Nations on November 24,
1993; and
(2) to establish a system of permitting, reporting, and
regulation for vessels of the United States fishing on the high
seas.

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As used in this Act--
(1) The term ``Agreement'' means the Agreement to Promote
Compliance with International Conservation and Management Measures
by Fishing Vessels on the High Seas, adopted by the Conference of
the Food and Agriculture Organization of the United Nations on
November 24, 1993.
(2) The term ``FAO'' means the Food and Agriculture
Organization of the United Nations.
(3) The term ``high seas'' means the waters beyond the
territorial sea or exclusive economic zone (or the equivalent) of
any nation, to the extent that such territorial sea or exclusive
economic zone (or the equivalent) is recognized by the United
States.
(4) The term ``high seas fishing vessel'' means any vessel of
the United States used or intended for use--
(A) on the high seas;
(B) for the purpose of the commercial exploitation of
living marine resources; and
(C) as a harvesting vessel, as a mother ship, or as any
other support vessel directly engaged in a fishing operation.
(5) The term ``international conservation and management
measures'' means measures to conserve or manage one or more species
of living marine resources that are adopted and applied in
accordance with the relevant rules of international law, as
reflected in the 1982 United Nations Convention on the Law of the
Sea, and that are recognized by the United States. Such measures
may be adopted by global, regional, or sub-regional fisheries
organizations, subject to the rights and obligations of their
members, or by treaties or other international agreements.
(6) The term ``length'' means--
(A) for any high seas fishing vessel built after July 18,
1982, 96 percent of the total length on a waterline at 85
percent of the least molded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis
of the rudder stock on that waterline, if that is greater,
except that in ships designed with a rake of keel the waterline
on which this length is measured shall be parallel to the
designed waterline; and
(B) for any high seas fishing vessel built before July 18,
1982, registered length as entered on the vessel's
documentation.
(7) The term ``person'' means any individual (whether or not a
citizen or national of the United States), any corporation,
partnership, association, or other entity (whether or not organized
or existing under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such government.
(8) The term ``Secretary'' means the Secretary of Commerce.
(9) The term ``vessel of the United States'' means--
(A) a vessel documented under chapter 121 of title 46,
United States Code, or numbered in accordance with chapter 123
of title 46, United States Code;
(B) a vessel owned in whole or part by--
(i) the United States or a territory, commonwealth, or
possession of the United States;
(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(iv) a corporation created under the laws of the United
States or any State, the District of Columbia, or any
territory, commonwealth, or possession of the United
States; unless the vessel has been granted the nationality
of a foreign nation in accordance with article 92 of the
1982 United Nations Convention on the Law of the Sea and a
claim of nationality or registry for the vessel is made by
the master or individual in charge at the time of the
enforcement action by an officer or employee of the United
States authorized to enforce applicable provisions of the
United States law; and
(C) a vessel that was once documented under the laws of the
United States and, in violation of the laws of the United
States, was either sold to a person not a citizen of the United
States or placed under foreign registry or a foreign flag,
whether or not the vessel has been granted the nationality of a
foreign nation.
(10) The terms ``vessel subject to the jurisdiction of the
United States'' and ``vessel without nationality'' have the same
meaning as in section 3(c) of the Maritime Drug Law Enforcement Act
(46 U.S.C. 1903(c)).

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(a) In General.--No high seas fishing vessel shall engage in
harvesting operations on the high seas unless the vessel has on board a
valid permit issued under this section.
(b) Eligibility.--
(1) Any vessel of the United States is eligible to receive a
permit under this section, unless the vessel was previously
authorized to be used for fishing on the high seas by a foreign
nation, and
(A) the foreign nation suspended such authorization because
the vessel undermined the effectiveness of international
conservation and management measures, and the suspension has
not expired; or
(B) the foreign nation, within the last three years
preceding application for a permit under this section, withdrew
such authorization because the vessel undermined the
effectiveness of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply if
ownership of the vessel has changed since the vessel undermined the
effectiveness of international conservation and management
measures, and the new owner has provided sufficient evidence to the
Secretary demonstrating that the previous owner or operator has no
further legal, beneficial or financial interest in, or control of,
the vessel.
(3) The restriction in paragraph (1) does not apply if the
Secretary makes a determination that issuing a permit would not
subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel unless the
Secretary is satisfied that the United States will be able to
exercise effectively its responsibilities under the Agreement with
respect to that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing vessel may
apply for a permit under this section by completing an application
form prescribed by the Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if known), official
numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call Sign (if any);
(D) the names and addresses of the vessel's owners and
operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary requires for the
purposes of implementing the Agreement.
(d) Conditions.--The Secretary shall establish such conditions and
restrictions on each permit issued under this section as are necessary
and appropriate to carry out the obligations of the United States under
the Agreement, including but not limited to the following:
(1) The vessel shall be marked in accordance with the FAO
Standard Specifications for the Marking and Identification of
Fishing Vessels, or with regulations issued under section 305 of
the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1855); and
(2) The permit holder shall report such information as the
Secretary by regulation requires, including area of fishing
operations and catch statistics. The Secretary shall promulgate
regulations concerning conditions under which information submitted
under this paragraph may be released.
(e) Fees.--
(1) The Secretary shall by regulation establish the level of
fees to be charged for permits issued under this section. The
amount of any fee charged for a permit issued under this section
shall not exceed the administrative costs incurred in issuing such
permits. The permitting fee may be in addition to any fee required
under any regional permitting regime applicable to high seas
fishing vessels.
(2) The fees authorized by paragraph (1) shall be collected and
credited to the Operations, Research and Facilities account of the
National Oceanic and Atmospheric Administration. Fees collected
under this subsection shall be available for the necessary expenses
of the National Oceanic and Atmospheric Administration in
implementing this Act, and shall remain available until expended.
(f) Duration.--A permit issued under this section is valid for 5
years. A permit issued under this section is void in the event the
vessel is no longer eligible for United States documentation, such
documentation is revoked or denied, or the vessel is deleted from such
documentation.

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(a) Record.--The Secretary shall maintain an automated file or
record of high seas fishing vessels issued permits under section 104,
including all information submitted under section 104(c)(2).
(b) Information To FAO.--The Secretary, in cooperation with the
Secretary of State and the Secretary of the department in which the
Coast Guard is operating, shall--
(1) make available to FAO information contained in the record
maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from the
record, and the reason for any deletion;
(4) convey to FAO information relating to any permit granted
under section 104(b)(3), including the vessel's identity, owner or
operator, and factors relevant to the Secretary's determination to
issue the permit;
(5) report promptly to FAO all relevant information regarding
any activities of high seas fishing vessels that undermine the
effectiveness of international conservation and management
measures, including the identity of the vessels and any sanctions
imposed; and
(6) provide the FAO a summary of evidence regarding any
activities of foreign vessels that undermine the effectiveness of
international conservation and management measures.
(c) Information to Flag Nations.--If the Secretary, in cooperation
with the Secretary of State and the Secretary of the department in
which the Coast Guard is operating, has reasonable grounds to believe
that a foreign vessel has engaged in activities undermining the
effectiveness of international conservation and management measures,
the Secretary shall--
(1) provide to the flag nation information, including
appropriate evidentiary material, relating to those activities; and
(2) when such foreign vessel is voluntarily in a United States
port, promptly notify the flag nation and, if requested by the flag
nation, make arrangements to undertake such lawful investigatory
measures as may be considered necessary to establish whether the
vessel has been used contrary to the provisions of the Agreement.
(d) Regulations.--The Secretary, after consultation with the
Secretary of State and the Secretary of the department in which the
Coast Guard is operating, may promulgate such regulations, in
accordance with section 553 of title 5, United States Code, as may be
necessary to carry out the purposes of the Agreement and this title.
The Secretary shall coordinate such regulations with any other entities
regulating high seas fishing vessels, in order to minimize duplication
of permit application and reporting requirements. To the extent
practicable, such regulations shall also be consistent with regulations
implementing fishery management plans under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(e) Notice of International Conservation and Management Measures.--
The Secretary, in consultation with the Secretary of State, shall
publish in the Federal Register, from time to time, a notice listing
international conservation and management measures recognized by the
United States.

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It is unlawful for any person subject to the jurisdiction of the
United States--
(1) to use a high seas fishing vessel on the high seas in
contravention of international conservation and management measures
described in section 105(e);
(2) to use a high seas fishing vessel on the high seas, unless
the vessel has on board a valid permit issued under section 104;
(3) to use a high seas fishing vessel in violation of the
conditions or restrictions of a permit issued under section 104;
(4) to falsify any information required to be reported,
communicated, or recorded pursuant to this title or any regulation
issued under this title, or to fail to submit in a timely fashion
any required information, or to fail to report to the Secretary
immediately any change in circumstances that has the effect of
rendering any such information false, incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a high
seas fishing vessel subject to such person's control for purposes
of conducting any search or inspection in connection with the
enforcement of this title or any regulation issued under this
title;
(6) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with an authorized officer in the conduct of any search
or inspection described in paragraph (5);
(7) to resist a lawful arrest or detention for any act
prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing that
such person has committed any act prohibited by this section;
(9) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any living
marine resource taken or retained in violation of this title or any
regulation or permit issued under this title; or
(10) to violate any provision of this title or any regulation
or permit issued under this title.

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(a) Duties of Secretaries.--This title shall be enforced by the
Secretary of Commerce and the Secretary of the department in which the
Coast Guard is operating. Such Secretaries may by agreement utilize, on
a reimbursable basis or otherwise, the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
agency, or of any State agency, in the performance of such duties. Such
Secretaries shall, and the head of any Federal or State agency that has
entered into an agreement with either such Secretary under this section
may (if the agreement so provides), authorize officers to enforce the
provisions of this title or any regulation or permit issued under this
title.
(b) District Court Jurisdiction.--The district courts of the United
States shall have exclusive jurisdiction over any case or controversy
arising under the provisions of this title. In the case of Guam, and
any Commonwealth, territory, or possession of the United States in the
Pacific Ocean, the appropriate court is the United States District
Court for the District of Guam, except that in the case of American
Samoa, the appropriate court is the United States District Court for
the District of Hawaii.
(c) Powers of Enforcement Officers.--
(1) Any officer who is authorized under subsection (a) to
enforce the provisions of this title may--
(A) with or without a warrant or other process--
(i) arrest any person, if the officer has reasonable
cause to believe that such person has committed an act
prohibited by paragraph (6), (7), (8), or (9) of section
106;
(ii) board, and search or inspect, any high seas
fishing vessel;
(iii) seize any high seas fishing vessel (together with
its fishing gear, furniture, appurtenances, stores, and
cargo) used or employed in, or with respect to which it
reasonably appears that such vessel was used or employed
in, the violation of any provision of this title or any
regulation or permit issued under this title;
(iv) seize any living marine resource (wherever found)
taken or retained, in any manner, in connection with or as
a result of the commission of any act prohibited by section
106;
(v) seize any other evidence related to any violation
of any provision of this title or any regulation or permit
issued under this title;
(B) execute any warrant or other process issued by any
court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person charged
with law enforcement responsibilities by the Secretary who is
performing a duty related to enforcement of a law regarding
fisheries or other marine resources may make an arrest without a
warrant for an offense against the United States committed in his
presence, or for a felony cognizable under the laws of the United
States, if he has reasonable grounds to believe that the person to
be arrested has committed or is committing a felony.
(d) Issuance of Citations.--If any authorized officer finds that a
high seas fishing vessel is operating or has been operated in violation
of any provision of this title, such officer may issue a citation to
the owner or operator of such vessel in lieu of proceeding under
subsection (c). If a permit has been issued pursuant to this title for
such vessel, such officer shall note the issuance of any citation under
this subsection, including the date thereof and the reason therefor, on
the permit. The Secretary shall maintain a record of all citations
issued pursuant to this subsection.
(e) Liability for Costs.--Any person assessed a civil penalty for,
or convicted of, any violation of this Act shall be liable for the cost
incurred in storage, care, and maintenance of any living marine
resource or other property seized in connection with the violation.

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(a) Civil Penalties.--
(1) Any person who is found by the Secretary, after notice and
opportunity for a hearing in accordance with section 554 of title
5, United States Code, to have committed an act prohibited by
section 106 shall be liable to the United States for a civil
penalty. The amount of the civil penalty shall not exceed $100,000
for each violation. Each day of a continuing violation shall
constitute a separate offense. The amount of such civil penalty
shall be assessed by the Secretary by written notice. In
determining the amount of such penalty, the Secretary shall take
into account the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violation, the
degree of culpability, any history of prior offenses, and such
other matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty that is subject to imposition
or that has been imposed under this section.
(b) Permit Sanctions.--
(1) In any case in which--
(A) a vessel of the United States has been used in the
commission of an act prohibited under section 106;
(B) the owner or operator of a vessel or any other person
who has been issued or has applied for a permit under section
104 has acted in violation of section 106; or
(C) any amount in settlement of a civil forfeiture imposed
on a high seas fishing vessel or other property, or any civil
penalty or criminal fine imposed on a high seas fishing vessel
or on an owner or operator of such a vessel or on any other
person who has been issued or has applied for a permit under
any fishery resource statute enforced by the Secretary, has not
been paid and is overdue, the Secretary may--
(i) revoke any permit issued to or applied for by such
vessel or person under this title, with or without
prejudice to the issuance of subsequent permits;
(ii) suspend such permit for a period of time
considered by the Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and restrictions on
such permit.
(2) In imposing a sanction under this subsection, the Secretary
shall take into account--
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such other
matters as justice may require.
(3) Transfer of ownership of a high seas fishing vessel, by
sale or otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, by sale or
otherwise, the owner shall disclose in writing to the prospective
transferee the existence of any permit sanction that will be in
effect or pending with respect to the vessel at the time of the
transfer. The Secretary may waive or compromise a sanction in the
case of a transfer pursuant to court order.
(4) In the case of any permit that is suspended under this
subsection for nonpayment of a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of the penalty or
fine and interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this subsection unless
there has been prior opportunity for a hearing on the facts
underlying the violation for which the sanction is imposed, either
in conjunction with a civil penalty proceeding under this section
or otherwise.
(c) Hearing.--For the purposes of conducting any hearing under this
section, the Secretary may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books,
and documents, and may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid to witnesses in the courts
of the United States. In case of contempt or refusal to obey a subpoena
served upon any person pursuant to this subsection, the district court
of the United States for any district in which such person is found,
resides, or transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony before the
Secretary or to appear and produce documents before the Secretary, or
both, and any failure to obey such order of the court may be punished
by such court as a contempt thereof.
(d) Judicial Review.--Any person against whom a civil penalty is
assessed under subsection (a) or against whose vessel a permit sanction
is imposed under subsection (b) (other than a permit suspension for
nonpayment of penalty or fine) may obtain review thereof in the United
States district court for the appropriate district by filing a
complaint against the Secretary in such court within 30 days from the
date of such penalty or sanction. The Secretary shall promptly file in
such court a certified copy of the record upon which such penalty or
sanction was imposed, as provided in section 2112 of title 28, United
States Code. The findings and order of the Secretary shall be set aside
by such court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United States Code.
(e) Collection.--
(1) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the matter shall be referred to the Attorney General,
who shall recover the amount assessed in any appropriate district
court of the United States. In such action the validity and
appropriateness of the final order imposing the civil penalty shall
not be subject to review.
(2) A high seas fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the commission
of an act prohibited by section 106 shall be liable in rem for any
civil penalty assessed for such violation under subsection (a) and
may be proceeded against in any district court of the United States
having jurisdiction thereof. Such penalty shall constitute a
maritime lien on such vessel that may be recovered in an action in
rem in the district court of the United States having jurisdiction
over the vessel.

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(a) Offenses.--A person is guilty of an offense if the person
commits any act prohibited by paragraph (6), (7), (8), or (9) of
section 106.
(b) Punishment.--Any offense described in subsection (a) is a class
A misdemeanor punishable by a fine under title 18, United States Code,
or imprisonment for not more than one year, or both; except that if in
the commission of any offense the person uses a dangerous weapon,
engages in conduct that causes bodily injury to any authorized officer,
or places any such officer in fear of imminent bodily injury, the
offense is a felony punishable by a fine under title 18, United States
Code, or imprisonment for not more than 10 years, or both.

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(a) In General.--Any high seas fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo) used, and
any living marine resources (or the fair market value thereof) taken or
retained, in any manner, in connection with or as a result of the
commission of any act prohibited by section 106 (other than an act for
which the issuance of a citation under section 107 is a sufficient
sanction) shall be subject to forfeiture to the United States. All or
part of such vessel may, and all such living marine resources (or the
fair market value thereof) shall, be forfeited to the United States
pursuant to a civil proceeding under this section.
(b) Jurisdiction of District Courts.--Any district court of the
United States shall have jurisdiction, upon application of the Attorney
General on behalf of the United States, to order any forfeiture
authorized under subsection (a) and any action provided for under
subsection (d).
(c) Judgment.--If a judgment is entered for the United States in a
civil forfeiture proceeding under this section, the Attorney General
may seize any property or other interest declared forfeited to the
United States, which has not previously been seized pursuant to this
title or for which security has not previously been obtained. The
provisions of the customs laws relating to--
(1) the seizure, forfeiture, and condemnation of property for
violation of the customs law;
(2) the disposition of such property or the proceeds from the
sale thereof; and
(3) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this title, unless such
provisions are inconsistent with the purposes, policy, and provisions
of this title.
(d) Procedure.--
(1) Any officer authorized to serve any process in rem that is
issued by a court under section 107(b) shall--
(A) stay the execution of such process; or
(B) discharge any living marine resources seized pursuant
to such process;
upon receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security shall be
conditioned upon such person delivering such property to the
appropriate court upon order thereof, without any impairment of its
value, or paying the monetary value of such property pursuant to an
order of such court. Judgment shall be recoverable on such bond or
other security against both the principal and any sureties in the
event that any condition thereof is breached, as determined by such
court.
(2) Any living marine resources seized pursuant to this title
may be sold, subject to the approval of the appropriate court, for
not less than the fair market value thereof. The proceeds of any
such sale shall be deposited with such court pending the
disposition of the matter involved.
(e) Rebuttable Presumption.--For purposes of this section, all
living marine resources found on board a high seas fishing vessel and
which are seized in connection with an act prohibited by section 106
are presumed to have been taken or retained in violation of this title,
but the presumption can be rebutted by an appropriate showing of
evidence to the contrary.

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This title shall take effect 120 days after the date of enactment
of this Act.
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

48970c40f74b2fbb8814f789d7134b122494a0101d2d1dfb931679460c46d663

This title may be cited as the ``Northwest Atlantic Fisheries
Convention Act of 1995''.

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TITLE II

-IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL

(a) Commissioners.--
(1) Appointments, generally.--The Secretary shall appoint not
more than 3 individuals to serve as the representatives of the
United States on the General Council and the Fisheries Commission,
who shall each--
(A) be known as a ``United States Commissioner to the
Northwest Atlantic Fisheries Organization''; and
(B) serve at the pleasure of the Secretary.
(2) Requirements for appointments.--
(A) The Secretary shall ensure that of the individuals
serving as Commissioners--
(i) at least 1 is appointed from among representatives
of the commercial fishing industry;
(ii) 1 (but no more than 1) is an official of the
Government; and
(iii) 1, other than the individual appointed under
clause (ii), is a voting member of the New England Fishery
Management Council.
(B) The Secretary may not appoint as a Commissioner an
individual unless the individual is knowledgeable and
experienced concerning the fishery resources to which the
Convention applies.
(3) Terms.--
(A) The term of an individual appointed as a Commissioner--
(i) shall be specified by the Secretary at the time of
appointment; and
(ii) may not exceed 4 years.
(B) An individual who is not a Government official may not
serve more than 2 consecutive terms as a Commissioner.
(b) Alternate Commissioners.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Commissioner at a meeting of the
General Council or the Fisheries Commission, designate an
individual to serve as an Alternate Commissioner.
(2) Functions.--An Alternate Commissioner may exercise all
powers and perform all duties of the Commissioner for whom the
Alternate Commissioner is designated, at any meeting of the General
Council or the Fisheries Commission for which the Alternate
Commissioner is designated.
(c) Representatives.--
(1) Appointment.--The Secretary shall appoint not more than 3
individuals to serve as the representatives of the United States on
the Scientific Council, who shall each be known as a ``United
States Representative to the Northwest Atlantic Fisheries
Organization Scientific Council''.
(2) Eligibility for appointment.--
(A) The Secretary may not appoint an individual as a
Representative unless the individual is knowledgeable and
experienced concerning the scientific issues dealt with by the
Scientific Council.
(B) The Secretary shall appoint as a Representative at
least 1 individual who is an official of the Government.
(3) Term.--An individual appointed as a Representative--
(A) shall serve for a term of not to exceed 4 years, as
specified by the Secretary at the time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the Secretary.
(d) Alternate Representatives.--
(1) Appointment.--The Secretary may, for any anticipated
absence of a duly appointed Representative at a meeting of the
Scientific Council, designate an individual to serve as an
Alternate Representative.
(2) Functions.--An Alternate Representative may exercise all
powers and perform all duties of the Representative for whom the
Alternate Representative is designated, at any meeting of the
Scientific Council for which the Alternate Representative is
designated.
(e) Experts and Advisers.--The Commissioners, Alternate
Commissioners, Representatives, and Alternate Representatives may be
accompanied at meetings of the Organization by experts and advisers.
(f) Coordination and Consultation.--
(1) In general.--In carrying out their functions under the
Convention, Commissioners, Alternate Commissioners,
Representatives, and Alternate Representatives shall--
(A) coordinate with the appropriate Regional Fishery
Management Councils established by section 302 of the Magnuson
Act (16 U.S.C. 1852); and
(B) consult with the committee established under section
208.
(2) Relationship to other law.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to coordination and
consultations under this subsection.

bc9a40143b1aa7e763d0adb5019f14c994c141bc56d8b3c851122116b5d4c75a

(a) Restriction.--The Representatives may not make a request or
specification described in subsection (b) (1) or (2), respectively,
unless the Representatives have first--
(1) consulted with the appropriate Regional Fishery Management
Councils; and
(2) received the consent of the Commissioners for that action.
(b) Requests and Terms of Reference Described.--The requests and
specifications referred to in subsection (a) are, respectively--
(1) any request, under Article VII(1) of the Convention, that
the Scientific Council consider and report on a question pertaining
to the scientific basis for the management and conservation of
fishery resources in waters under the jurisdiction of the United
States within the Convention Area; and
(2) any specification, under Article VIII(2) of the Convention,
of the terms of reference for the consideration of a question
referred to the Scientific Council pursuant to Article VII(1) of
the Convention.

766a35f24c7d36cbfa73c3418f4207368ceab987db70930e5218498dbc82dce0

The Secretary of State may, on behalf of the Government of the
United States--
(1) receive and transmit reports, requests, recommendations,
proposals, and other communications of and to the Organization and
its subsidiary organs;
(2) object, or withdraw an objection, to the proposal of the
Fisheries Commission;
(3) give or withdraw notice of intent not to be bound by a
measure of the Fisheries Commission;
(4) object or withdraw an objection to an amendment to the
Convention; and
(5) act upon, or refer to any other appropriate authority, any
other communication referred to in paragraph (1).

e93dfb6f57bfeda69b78fabfba26401de6436d0c11907027e3744043109c5059

(a) Authorities of Secretary.--In carrying out the provisions of
the Convention and this title, the Secretary may arrange for
cooperation with other agencies of the United States, the States, the
New England and the Mid-Atlantic Fishery Management Councils, and
private institutions and organizations.
(b) Other Agencies.--The head of any Federal agency may--
(1) cooperate in the conduct of scientific and other programs,
and furnish facilities and personnel, for the purposes of assisting
the Organization in carrying out its duties under the Convention;
and
(2) accept reimbursement from the Organization for providing
such services, facilities, and personnel.

f5fc321ff78ac1c34e71f86a7df43eef2b5460b9e81870405c46ed6145f9d594

The Secretary shall promulgate regulations as may be necessary to
carry out the purposes and objectives of the Convention and this title.
Any such regulation may be made applicable, as necessary, to all
persons and all vessels subject to the jurisdiction of the United
States, wherever located.

3147f1833ef63b9e04400009a6ff1613042b91067ee43c3e76dfd6a57ffbe799

(a) Prohibition.--It is unlawful for any person or vessel that is
subject to the jurisdiction of the United States--
(1) to violate any regulation issued under this title or any
measure that is legally binding on the United States under the
Convention;
(2) to refuse to permit any authorized enforcement officer to
board a fishing vessel that is subject to the person's control for
purposes of conducting any search or inspection in connection with
the enforcement of this title, any regulation issued under this
title, or any measure that is legally binding on the United States
under the Convention;
(3) forcibly to assault, resist, oppose, impede, intimidate, or
interfere with any authorized enforcement officer in the conduct of
any search or inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited by this
section;
(5) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish taken
or retained in violation of this section; or
(6) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that the other
person has committed an act prohibited by this section.
(b) Civil Penalty.--Any person who commits any act that is unlawful
under subsection (a) shall be liable to the United States for a civil
penalty, or may be subject to a permit sanction, under section 308 of
the Magnuson Act (16 U.S.C. 1858).
(c) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall
be guilty of an offense punishable under section 309(b) of the Magnuson
Act (16 U.S.C. 1859(b)).
(d) Civil Forfeitures.--
(1) In general.--Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of an act
that is unlawful under subsection (a), and any fish (or the fair
market value thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any act that is
unlawful under subsection (a), shall be subject to seizure and
forfeiture as provided in section 310 of the Magnuson Act (16
U.S.C. 1860).
(2) Disposal of fish.--Any fish seized pursuant to this title
may be disposed of pursuant to the order of a court of competent
jurisdiction or, if perishable, in a manner prescribed by
regulations issued by the Secretary.
(e) Enforcement.--The Secretary and the Secretary of the department
in which the Coast Guard is operating shall enforce the provisions of
this title and shall have the authority specified in sections 311 (a),
(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and
(c)) for that purpose.
(f) Jurisdiction of Courts.--The district courts of the United
States shall have exclusive jurisdiction over any case or controversy
arising under this section and may, at any time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interests of justice.

4ae1d8c6e05adfc187c3e9f39f25ecb2a580b8175341459770ddff64c873da8f

(a) Establishment.--The Secretary of State and the Secretary, shall
jointly establish a consultative committee to advise the Secretaries on
issues related to the Convention.
(b) Membership.--
(1) The membership of the Committee shall include
representatives from the New England and Mid-Atlantic Fishery
Management Councils, the States represented on those Councils, the
Atlantic States Marine Fisheries Commission, the fishing industry,
the seafood processing industry, and others knowledgeable and
experienced in the conservation and management of fisheries in the
Northwest Atlantic Ocean.
(2) Terms and Reappointment.--Each member of the consultative
committee shall serve for a term of two years and shall be eligible
for reappointment.
(c) Duties of the Committee.--Members of the consultative committee
may attend--
(1) all public meetings of the General Council or the Fisheries
Commission;
(2) any other meetings to which they are invited by the General
Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States
Commissioners.
(d) Relationship to Other Law.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the consultative committee
established under this section.

5bf8d48044db43ae77d5ee075cad444f0bd4a31151c0586cd3aed3420b666d4f

(a) Prohibition on Compensation.--A person shall not receive any
compensation from the Government by reason of any service of the person
as--
(1) a Commissioner, Alternate Commissioner, Representative, or
Alternative Representative;
(2) an expert or adviser authorized under section 202(e); or
(3) a member of the consultative committee established by
section 208.
(b) Travel and Expenses.--The Secretary of State shall, subject to
the availability of appropriations, pay all necessary travel and other
expenses of persons described in subsection (a)(1) and of not more than
six experts and advisers authorized under section 202(e) with respect
to their actual performance of their official duties pursuant to this
title, in accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.
(c) Status as Federal Employees.--A person shall not be considered
to be a Federal employee by reason of any service of the person in a
capacity described in subsection (a), except for purposes of injury
compensation and tort claims liability under chapter 81 of title 5,
United States Code, and chapter 17 of title 28, United States Code,
respectively.

c1399477af254b98f49e4ae53b6b79269efb83ad64cc7a0e18d4a7268713c985

In this title the following definitions apply:
(1) Authorized enforcement officer.--The term ``authorized
enforcement officer'' means a person authorized to enforce this
title, any regulation issued under this title, or any measure that
is legally binding on the United States under the Convention.
(2) Commissioner.--The term ``Commissioner'' means a United
States Commissioner to the Northwest Atlantic Fisheries
Organization appointed under section 202(a).
(3) Convention.--The term ``Convention'' means the Convention
on Future Multilateral Cooperation in the Northwest Atlantic
Fisheries, done at Ottawa on October 24, 1978.
(4) Fisheries commission.--The term ``Fisheries Commission''
means the Fisheries Commission provided for by Articles II, XI,
XII, XIII, and XIV of the Convention.
(5) General council.--The term ``General Council'' means the
General Council provided for by Article II, III, IV, and V of the
Convention.
(6) Magnuson act.--The term ``Magnuson Act'' means the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(7) Organization.--The term ``Organization'' means the
Northwest Atlantic Fisheries Organization provided for by Article
II of the Convention.
(8) Person.--The term ``person'' means any individual (whether
or not a citizen or national of the United States), and any
corporation, partnership, association, or other entity (whether or
not organized or existing under the laws of any State).
(9) Representative.--The term ``Representative'' means a United
States Representative to the Northwest Atlantic Fisheries
Scientific Council appointed under section 202(c).
(10) Scientific council.--The term ``Scientific Council'' means
the Scientific Council provided for by Articles II, VI, VII, VIII,
IX, and X of the Convention.
(11) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.

fe3b23645326806ecb56da6784f7e546d610a3e4070847c3b7f3d6c1a63f1372

There are authorized to be appropriated to carry out this title,
including use for payment as the United States contribution to the
Organization as provided in Article XVI of the Convention, $500,000 for
each of the fiscal years 1995, 1996, 1997, and 1998.

bb7d51ba42c8f9ce7671a2a5de2372ebc8bfaeed94203ec1f2b0712a76a8b371

This title may be cited as the ``Atlantic Tunas Convention
Authorization Act of 1995''.

c24fdac16d30e3381507d52eb90578586a2ec5b312c1a2033e6a95eede009201

TITLE III

-ATLANTIC TUNAS CONVENTION ACT

(a) Report to Congress.--The Secretary of Commerce shall, within 90
days after the date of enactment of this Act, submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representatives--
(1) identifying current governmental and nongovernmental
research and monitoring activities on Atlantic bluefin tuna and
other highly migratory species;
(2) describing the personnel and budgetary resources allocated
to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna and other
highly migratory species.
(b) Research and Monitoring Program.--Section 3 of the Act of
September 4, 1980 (16 U.S.C. 971i) is amended--
(1) by amending the section heading to read as follows:
``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';
(2) by striking the last sentence;
(3) by inserting ``(a) Biennial Report on Bluefin Tuna.--''
before ``The Secretary of Commerce shall''; and
(4) by adding at the end the following:
``(b) Highly Migratory Species Research and Monitoring.--
``(1) Within 6 months after the date of enactment of the
Atlantic Tunas Convention Authorization Act of 1995, the Secretary
of Commerce, in cooperation with the advisory committee established
under section 4 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971b) and in consultation with the United States
Commissioners on the International Commission for the Conservation
of Atlantic Tunas (referred to elsewhere in this section as the
`Commission') and the Secretary of State, shall develop and
implement a comprehensive research and monitoring program to
support the conservation and management of Atlantic bluefin tuna
and other highly migratory species that shall--
``(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
``(B) provide for appropriate participation by nations
which are members of the Commission.
``(2) The program shall provide for, but not be limited to--
``(A) statistically designed cooperative tagging studies;
``(B) genetic and biochemical stock analyses;
``(C) population censuses carried out through aerial
surveys of fishing grounds and known migration areas;
``(D) adequate observer coverage and port sampling of
commercial and recreational fishing activity;
``(E) collection of comparable real-time data on commercial
and recreational catches and landings through the use of
permits, logbooks, landing reports for charter operations and
fishing tournaments, and programs to provide reliable reporting
of the catch by private anglers;
``(F) studies of the life history parameters of Atlantic
bluefin tuna and other highly migratory species;
``(G) integration of data from all sources and the
preparation of data bases to support management decisions; and
``(H) other research as necessary.
``(3) In developing a program under this section, the Secretary
shall--
``(A) ensure that personnel and resources of each regional
research center shall have substantial participation in the
stock assessments and monitoring of highly migratory species
that occur in the region;
``(B) provide for comparable monitoring of all United
States fishermen to which the Atlantic Tunas Convention Act
applies with respect to effort and species composition of catch
and discards;
``(C) consult with relevant Federal and State agencies,
scientific and technical experts, commercial and recreational
fishermen, and other interested persons, public and private,
and shall publish a proposed plan in the Federal Register for
the purpose of receiving public comment on the plan; and
``(D) through the Secretary of State, encourage other
member nations to adopt a similar program.''.

3800188a7f72216ce4fd080bea6d4ec20a82728319177130cfec2af676ac7c5d

Section 2 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971) is amended--
(1) by designating paragraphs (3) through (10) as (4) through
(11), respectively, and inserting after paragraph (2) the
following:
``(3) The term `conservation recommendation' means any
recommendation of the Commission made pursuant to Article VIII of
the Convention and acted upon favorably by the Secretary of State
under section 5(a) of this Act.'';
(2) by striking paragraph (5), as redesignated, and inserting
the following:
``(4) The term `exclusive economic zone' means an exclusive
economic zone as defined in section 3 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1802).''; and
(3) by striking ``fisheries zone'' wherever it appears in the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) and
inserting ``exclusive economic zone''.

305f28745bfd706139b5673321c1ba42bcd08d67a7dd0b2e2b667b75a6424355

Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971b) is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following:
``(b)(1) A majority of the members of the advisory committee shall
constitute a quorum, but one or more such members designated by the
advisory committee may hold meetings to provide for public
participation and to discuss measures relating to the United States
implementation of Commission recommendations.
``(2) The advisory committee shall elect a Chairman for a 2-year
term from among its members.
``(3) The advisory committee shall meet at appropriate times and
places at least twice a year, at the call of the Chairman or upon the
request of the majority of its voting members, the United States
Commissioners, the Secretary, or the Secretary of State. Meetings of
the advisory committee, except when in executive session, shall be open
to the public, and prior notice of meetings shall be made public in a
timely fashion.
``(4)(A) The Secretary shall provide to the advisory committee in a
timely manner such administrative and technical support services as are
necessary for the effective functioning of the committee.
``(B) The Secretary and the Secretary of State shall furnish the
advisory committee with relevant information concerning fisheries and
international fishery agreements.
``(5) The advisory committee shall determine its organization, and
prescribe its practices and procedures for carrying out its functions
under this Act, the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), and the Convention. The advisory committee
shall publish and make available to the public a statement of its
organization, practices, and procedures.
``(6) The advisory committee shall, to the maximum extent
practicable, consist of an equitable balance among the various groups
concerned with the fisheries covered by the Convention and shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.

6f6516e4d5bfd8006ee1282caa4f833464a19efc43f1592eafa026170f5a914a

Section 6(c) of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971d(c)) is amended--
(1) by inserting ``and other measures'' after ``regulations''
in the section caption;
(2) by inserting ``or fishing mortality level'' after ``quota
of fish'' in the last sentence of paragraph (3); and
(3) by inserting the following after paragraph (5):
``(6) Identification and notification.--
``(A) Not later than July 1, 1996, and annually thereafter,
the Secretary, in consultation with the Secretary of State, the
Commissioners, and the advisory committee, shall--
``(i) identify those nations whose fishing vessels are
fishing, or have fished during the preceding calendar year,
within the convention area in a manner or under
circumstances that diminish the effectiveness of a
conservation recommendation;
``(ii) notify the President and the nation so
identified, including an explanation of the reasons
therefor; and
``(iii) publish a list of those Nations identified
under subparagraph (A).
In identifying those Nations, the Secretary shall consider,
based on the best available information, whether those Nations
have measures in place for reporting, monitoring, and
enforcement, and whether those measures diminish the
effectiveness of any conservation recommendation.
``(7) Consultation.--Not later than 30 days after a Nation is
notified under paragraph (6), the President may enter into
consultations with the Government of that Nation for the purpose of
obtaining an agreement that will--
``(A) effect the immediate termination and prevent the
resumption of any fishing operation by vessels of that Nation
within the Convention area which is conducted in a manner or
under circumstances that diminish the effectiveness of the
conservation recommendation;
``(B) when practicable, require actions by that Nation, or
vessels of that Nation, to mitigate the negative impacts of
fishing operations on the effectiveness of the conservation
recommendation involved, including but not limited to, the
imposition of subsequent-year deductions for quota overages;
and
``(C) result in the establishment, if necessary, by such
Nation of reporting, monitoring, and enforcement measures that
are adequate to ensure the effectiveness of conservation
recommendations.''.

56d00e9a81b4e40f0ef226194ab003f586a4719cb38a62dabc94fbc967c05df6

Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971(e)) is amended to read as follows:
``(e) The civil penalty and permit sanctions of section 308 of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are
hereby made applicable to violations of this section as if they were
violations of section 307 of that Act.''.

6c1d38ba6e81a471b3381aeac7176e7719f0add72c4243b4ce792769389b6ffa

Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971h) is amended to read as follows:
``AUTHORIZATION OF APPROPRIATIONS
``Sec. 10. There are authorized to be appropriated to carry out
this Act, including use for payment of the United States share of the
joint expenses of the Commission as provided in Article X of the
Convention, the following sums:
``(1) For fiscal year 1995, $4,103,000, of which $50,000 are
authorized in the aggregate for the advisory committee established
under section 4 and the species working groups established under
section 4A, and $2,890,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16 U.S.C. 971i).
``(2) For fiscal year 1996, $5,453,000, of which $50,000 are
authorized in the aggregate for such advisory committee and such
working groups, and $4,240,000 are authorized for such research
activities.
``(3) For fiscal year 1997, $5,465,000 of which $62,000 are
authorized in the aggregate for such advisory committee and such
working groups, and $4,240,000 are authorized for such research
activities.
``(4) For fiscal year 1998, $5,465,000 of which $75,000 are
authorized in the aggregate for such advisory committee and such
working groups, and $4,240,000 are authorized for such research
activities.''.

314fcccf98d6f1f078fcb921f1c33ede553ae5718820e200d8f6e38dba3a87fe

The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.)
is amended by adding at the end thereof the following:
``Sec. 11. Annual report
``Not later than April 1, 1996, and annually thereafter, the
Secretary shall prepare and transmit to the Committee on Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report, that--
``(1) details for the previous 10-year period the catches and
exports to the United States of highly migratory species (including
tunas, swordfish, marlin and sharks) from Nations fishing on
Atlantic stocks of such species that are subject to management by
the Commission;
``(2) identifies those fishing Nations whose harvests are
inconsistent with conservation and management recommendations of
the Commission;
``(3) describes reporting requirements established by the
Secretary to ensure that imported fish products are in compliance
with all international management measures, including minimum size
requirements, established by the Commission and other international
fishery organizations to which the United States is a party; and
``(4) describes actions taken by the Secretary under section 6.
``Sec. 12. Savings clause
``Nothing in this Act shall have the effect of diminishing the
rights and obligations of any Nation under Article VIII(3) of the
Convention.''.

43d74a2a5cc7b2dcf75afdd9834794674648baafc6428c73941e4ce0d2668fd3

(a) Not later than 90 days after the date of the enactment of this
Act, the Secretary of Commerce in accordance with this section shall
publish a preliminary determination of the level of the United States
recreational and commercial catch of Atlantic yellowfin tuna on an
annual basis since 1980. The Secretary shall publish a preliminary
determination in the Federal Register for comment for a period not to
exceed 60 days. The Secretary shall publish a final determination not
later than 140 days from the date of the enactment of this section.
(b) Not later than July 1, 1996, the Secretary of Commerce shall
implement the recommendations of the International Commission for the
Conservation of Atlantic Tunas regarding yellowfin tuna made pursuant
to Article VIII of the International Convention for the Conservation of
Atlantic Tunas and acted upon favorably by the Secretary of State under
section 5(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971c(a)).

ff07cb38d397e0b17cbc7e1f94242d66698e0c48690c63785faaed8ce0dcaa44

Not later than 270 days after the date of enactment of this Act,
the Secretary of Commerce shall submit to the Committee on Commerce,
Science and Transportation of the Senate and to the Committee on
Resources of the House of Representatives a report on the historic
rationale, effectiveness, and biological and economic efficiency of
existing bluefin tuna regulations for United States Atlantic fisheries.
Specifically, the biological rationale for each regional and category
allocation, including directed and incidental categories, should be
described in light of the average size, age, and maturity of bluefin
tuna caught in each fishery and the effect of this harvest on stock
rebuilding and sustainable yield. The report should examine the history
and evaluate the level of wasteful discarding, and evaluate the
effectiveness of non-quota regulations at constraining harvests within
regions. Further, comments should be provided on levels of
participation in specific fisheries in terms of vessels and trips,
enforcement implications, and the importance of monitoring information
provided by these allocations on the precision of the stock assessment
estimates.

b515f9ffda05469f6a1ea0358c0f486e6c405d2de20c8dc457677d25e8b4b732

(a) Sharing of Conservation Burden.--It is the sense of the
Congress that in future negotiations of the International Commission
for the Conservation of Atlantic Tunas (hereafter in this section
referred to as ``ICCAT''), the Secretary of Commerce shall ensure that
the conservation actions recommended by international commissions and
implemented by the Secretary for United States commercial and
recreational fishermen provide fair and equitable sharing of the
conservation burden among all contracting harvesters in negotiations
with those commissions.
(b) Enforcement Provisions.--It is further the sense of the
Congress that, during 1995 ICCAT negotiations on swordfish and other
Highly Migratory Species managed by ICCAT, the Congress encourages the
United States Commissioners to add enforcement provisions similar to
those applicable to bluefin tuna.
(c) Enhanced Monitoring.--It is further the sense of the Congress
that the National Oceanic and Atmospheric Administration and the United
States Customs Service should enhance monitoring activities to
ascertain what specific stocks are being imported into the United
States and the country of origin.
(d) Multilateral Enforcement Process.--It is further the sense of
the Congress that the United States Commissioners should pursue as a
priority the establishment and implementation prior to December 31,
1996, an effective multilateral process that will enable ICCAT nations
to enforce the conservation recommendations of the Commission.

7129cb2538c713987e6d254dd54ffe573c3085dd54e0ade6180ea8fae501096c

The Congress finds that--
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of passage,
including innocent passage, to vessels through the waters commonly
referred to as the ``Inside Passage'' off the Pacific Coast of
Canada;
(2) in 1994 Canada required all commercial fishing vessels of
the United States to pay 1,500 Canadian dollars to obtain a
``license which authorizes transit'' through the Inside Passage;
(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the Sea, and,
in particular, Article 26 of that Convention, which specifically
prohibits such fees, and threatened the safety of United States
commercial fishermen who sought to avoid the fee by traveling in
less protected waters;
(4) the Fishermen's Protective Act of 1967 provides for the
reimbursement of vessel owners who are forced to pay a license fee
to secure the release of a vessel which has been seized, but does
not permit reimbursement of a fee paid by the owner in advance in
order to prevent a seizure;
(5) Canada required that the license fee be paid in person in 2
ports on the Pacific Coast of Canada, or in advance by mail;
(6) significant expense and delay was incurred by commercial
fishing vessels of the United States that had to travel from the
point of seizure back to one of those ports in order to pay the
license fee required by Canada, and the costs of that travel and
delay cannot be reimbursed under the Fishermen's Protective Act;
(7) the Fishermen's Protective Act of 1967 should be amended to
permit vessel owners to be reimbursed for fees required by a
foreign government to be paid in advance in order to navigate in
the waters of that foreign country if the United States considers
that fee to be inconsistent with international law;
(8) the Secretary of State should seek to recover from Canada
any amounts paid by the United States to reimburse vessel owners
who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada in
waters of the United States off Alaska, including waters in and
near the Dixon Entrance, and should accord such vessels the same
treatment that commercial fishing vessels of the United States are
accorded for anchorage in the waters of Canada off British
Columbia;
(10) the President should ensure that, consistent with
international law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to provide
for the safety of United States citizens, the enforcement of United
States law, and to protect the rights of the United States and keep
the peace among vessels operating in disputed waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other actions that
may be taken to convince Canada that any reinstatement of the
transit license fee would be against Canada's long-term interests,
and should immediately implement any actions which the President
deems appropriate if Canada reinstates the fee;
(12) the President should continue to convey to Canada in the
strongest terms that the United States will not now, nor at any
time in the future, tolerate any action by Canada which would
impede or otherwise restrict the right of passage of vessels of the
United States in a manner inconsistent with international law; and
(13) the United States should continue its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.

1a00acde4cb70f3f014378da876870490d850eb4dbbe756c1f92c214f67857a0

TITLE IV

-FISHERMEN'S PROTECTIVE ACT

(a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.)
is amended by adding at the end the following new section:
``Sec. 11. (a) In any case on or after June 15, 1994, in which a
vessel of the United States exercising its right of passage is charged
a fee by the government of a foreign country to engage in transit
passage between points in the United States (including a point in the
exclusive economic zone or in an area over which jurisdiction is in
dispute), and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State shall,
subject to the availability of appropriated funds, reimburse the vessel
owner for the amount of any such fee paid under protest.
``(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the Secretary of State
may require--
``(1) a copy of the receipt for payment;
``(2) an affidavit attesting that the owner or the owner's
agent paid the fee under protest; and
``(3) a copy of the vessel's certificate of documentation.
``(c) Requests for reimbursement shall be made to the Secretary of
State within 120 days after the date of payment of the fee, or within
90 days after the date of enactment of this section, whichever is
later.
``(d) Such funds as may be necessary to meet the requirements of
this section may be made available from the unobligated balance of
previously appropriated funds remaining in the Fishermen's Protective
Fund established under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there are
authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a), which shall be
deposited in the Fishermen's Protective Fund established under section
9.
``(e) The Secretary of State shall take such action as the
Secretary deems appropriate to make and collect claims against the
foreign country imposing such fee for any amounts reimbursed under this
section.
``(f) For purposes of this section, the term `owner' includes any
charterer of a vessel of the United States.''.
(b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.)
is further amended by adding at the end the following:
``Sec. 12. (a) If the Secretary of State finds that the government
of any nation imposes conditions on the operation or transit of United
States fishing vessels which the United States regards as being
inconsistent with international law or an international agreement, the
Secretary of State shall certify that fact to the President.
``(b) Upon receipt of a certification under subsection (a), the
President shall direct the heads of Federal agencies to impose similar
conditions on the operation or transit of fishing vessels registered
under the laws of the nation which has imposed conditions on United
States fishing vessels.
``(c) For the purposes of this section, the term `fishing vessel'
has the meaning given that term in section 2101(11a) of title 46,
United States Code.
``(d) It is the sense of the Congress that any action taken by any
Federal agency under subsection (b) should be commensurate with any
conditions certified by the Secretary of State under subsection (a).''.
(c) Notwithstanding any other provision of law, the Secretary of
State shall reimburse the owner of any vessel of the United States for
costs incurred due to the seizure of such vessel in 1994 by Canada on
the basis of a claim to jurisdiction over sedentary species which was
not recognized by the United States at the time of such seizure. Any
such reimbursement shall cover, in addition to amounts reimbursable
under section 3 of the Fishermen's Protective Act of 1967 (22 U.S.C.
1973), legal fees and travel costs incurred by the owner of any such
vessel that were necessary to secure the prompt release of the vessel
and crew. Total reimbursements under this subsection may not exceed
$25,000 and may be made available from the unobligated balances of
previously appropriated funds remaining in the Fishermen's Protective
Fund established under section 9 of the Fishermen's Protective Act (22
U.S.C. 1979).

ca1d6eb8546b4cee08fb83c273d4f6a4ee13f4a6e0ac6aac48f1115c98156694

(a) Section 7(c) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(c)) is amended by striking the third sentence.
(b) Section 7(e) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(e)) is amended by striking ``October 1, 1993'' and
inserting ``October 1, 2000''.

caae25659f60866accd1f5c8de356cb4bf310f7e2c8d5d89d226f325049d097a

(a)(1) Section 15(a) of Public Law 103-238 is amended by striking
``April 1, 1994,'' and inserting ``May 1, 1994.''.
(2) The amendment made by paragraph (1) shall be effective on and
after April 30, 1994.
(b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C.
5002(13)(C)) is amended to read as follows:
``(C) any vessel supporting a vessel described in
subparagraph (A) or (B).''.

f3dbf6435d7fc091f2d090b98c13abbcfe36b18de99d5baca0a92f05209cf8a8

This title may be cited as the ``Sea of Okhotsk Fisheries
Enforcement Act of 1995''.

c203333e2cc4815bcf76daa10e3a49357222f31d2ea2b16c78e4ac1851759396

TITLE V

-FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

(a) Addition of Central Sea of Okhotsk.--Section 302 of the Central
Bering Sea Fisheries Enforcement Act of 1992 (16 U.S.C. 1823 note) is
amended by inserting ``and the Central Sea of Okhotsk'' after ``Central
Bering Sea''.
(b) Definition.--Section 306 of such Act is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), and (6) as
paragraphs (3), (4), (5), (6), and (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Central sea of okhotsk.--The term `Central Sea of
Okhotsk' means the Central Sea of Okhotsk area which is more than
two hundred nautical miles seaward of the baseline from which the
breadth of the territorial sea of the Russian Federation is
measured.''.

0800d4a82ffba51a3c8e8da98649e2ae9d3ddc489519284f8ac3a53265a7ae1e

This title may be cited as the ``High Seas Driftnet Fishing
Moratorium Protection Act''.

68edae79510d986d48ac60133f11689c1f0dd8a184aeb6ce21d2ee0ce4f1b06d

TITLE VI

-DRIFTNET MORATORIUM

The Congress finds that--
(1) Congress has enacted and the President has signed into law
numerous Acts to control or prohibit large-scale driftnet fishing
both within the jurisdiction of the United States and beyond the
exclusive economic zone of any nation, including the Driftnet
Impact Monitoring, Assessment, and Control Act of 1987 (title IV,
Public Law 100-220), the Driftnet Act Amendments of 1990 (Public
Law 101-627), and the High Seas Driftnet Fisheries Enforcement Act
(title I, Public Law 102-582);
(2) the United States is a party to the Convention for the
Prohibition of Fishing with Long Driftnets in the South Pacific,
also known as the Wellington Convention;
(3) the General Assembly of the United Nations has adopted
three resolutions and three decisions which established and
reaffirm a global moratorium on large-scale driftnet fishing on the
high seas, beginning with Resolution 44/225 in 1989 and most
recently in Decision 48/445 in 1993;
(4) the General Assembly of the United Nations adopted these
resolutions and decisions at the request of the United States and
other concerned nations;
(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of large-scale
driftnet fishing on living marine resources and seabirds; and
(6) Resolution 46/215 of the United Nations General Assembly
calls on all nations, both individually and collectively, to
prevent large-scale driftnet fishing on the high seas.

6130d6dc887caf771622162b231624f6cb3652d3067776926f64a70a5c89ee62

The United States, or any agency or official acting on behalf of
the United States, may not enter into any international agreement with
respect to the conservation and management of living marine resources
or the use of the high seas by fishing vessels that would prevent full
implementation of the global moratorium on large-scale driftnet fishing
on the high seas, as such moratorium is expressed in Resolution 46/215
of the United Nations General Assembly.

fcb654e773e4a1b0f4aa7db68970896a5e8bc119be33596d769a6a8a7861e836

The Secretary of State, on behalf of the United States, shall seek
to enhance the implementation and effectiveness of the United Nations
General Assembly resolutions and decisions regarding the moratorium on
large-scale driftnet fishing on the high seas through appropriate
international agreements and organizations.

699bf40d7fe89ff97885739f75feb1d5796b732d884cc94970ee5a67d7f78846

The Secretary of State shall determine in writing prior to the
signing or provisional application by the United States of any
international agreement with respect to the conservation and management
of living marine resources or the use of the high seas by fishing
vessels that the prohibition contained in section 603 will not be
violated if such agreement is signed or provisionally applied.

a81f4ab8d84db8071d1d38adf900ba5de257bdd6ab9d90ae1b5fcef59089321a

The President shall utilize appropriate assets of the Department of
Defense, the United States Coast Guard, and other Federal agencies to
detect, monitor, and prevent violations of the United Nations
moratorium on large-scale driftnet fishing on the high seas for all
fisheries under the jurisdiction of the United States and, in the case
of fisheries not under the jurisdiction of the United States, to the
fullest extent permitted under international law.

c0a29f7cfb6d3ae4183b906e8efb18487c69de746b698f4ec68360d7375ef88b

This title may be cited as the ``Yukon River Salmon Act of 1995''.

856922ec664a287f1c6fb5cc33a1d8e703b7c2653dac4c24d52cf72afcdefd41

TITLE VII

-YUKON RIVER SALMON ACT

It is the purpose of this title--
(1) to implement the interim agreement for the conservation of
salmon stocks originating from the Yukon River in Canada agreed to
through an exchange of notes between the Government of the United
States and the Government of Canada on February 3, 1995;
(2) to provide for representation by the United States on the
Yukon River Panel established under such agreement; and
(3) to authorize to be appropriated sums necessary to carry out
the responsibilities of the United States under such agreement.

a84c5f426e7d22efa26698aa364d43b4cd7781bd2ca886bcfe4913e35ad81f1d

As used in this title--
(1) The term ``Agreement'' means the interim agreement for the
conservation of salmon stocks originating from the Yukon River in
Canada agreed to through an exchange of notes between the
Government of the United States and the Government of Canada on
February 3, 1995.
(2) The term ``Panel'' means the Yukon River Panel established
by the Agreement.
(3) The term ``Yukon River Joint Technical Committee'' means
the technical committee established by paragraph C.2 of the
Memorandum of Understanding concerning the Pacific Salmon Treaty
between the Government of the United States and the Government of
Canada recorded January 28, 1985.

81e815596ba9928457ceedd1adea0861d81582a4542aeb477e8b40e28d4e048a

(a) Representation.--The United States shall be represented on the
Panel by six individuals, of whom--
(1) one shall be an official of the United States Government
with expertise in salmon conservation and management;
(2) one shall be an official of the State of Alaska with
expertise in salmon conservation and management; and
(3) four shall be knowledgeable and experienced with regard to
the salmon fisheries on the Yukon River.
(b) Appointments.--Panel members shall be appointed as follows:
(1) The Panel member described in subsection (a)(1) shall be
appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2) shall be
appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3) shall be
appointed by the Secretary of State from a list of at least 3
individuals nominated for each position by the Governor of Alaska.
The Governor of Alaska may consider suggestions for nominations
provided by organizations with expertise in Yukon River salmon
fisheries. The Governor of Alaska may make appropriate nominations
to allow for, and the Secretary of State shall appoint, at least
one member under subsection (a)(3) who is qualified to represent
the interests of Lower Yukon River fishing districts, and at least
one member who is qualified to represent the interests of Upper
Yukon River fishing districts. At least one of the Panel members
under subsection (a)(3) shall be an Alaska Native.
(c) Alternates.--The Secretary of State may designate an alternate
Panel member for each Panel member the Secretary appoints under
subsections (b) (1) and (3), who meets the same qualifications, to
serve in the absence of the Panel member. The Governor of the State of
Alaska may designate an alternative Panel member for the Panel member
appointed under subsection (b)(2), who meets the same qualifications,
to serve in the absence of that Panel member.
(d) Term Length.--Panel members and alternate Panel members shall
serve four-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(e) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(f) Decisions.--Decisions by the United States section of the Panel
shall be made by the consensus of the Panel members appointed under
paragraphs (2) and (3) of subsection (a).
(g) Consultation.--In carrying out their functions under the
Agreement, Panel members may consult with such other interested parties
as they consider appropriate.

eb9e33f43892ea043d568c3d1167c60f7a1b3345c096743c2e8f9616cc83229a

(a) Appointments.--The Governor of Alaska may appoint an Advisory
Committee of not less than eight, but not more than twelve, individuals
who are knowledgeable and experienced with regard to the salmon
fisheries on the Yukon River. At least 2 of the Advisory Committee
members shall be Alaska Natives. Members of the Advisory Committee may
attend all meetings of the United States section of the Panel, and
shall be given the opportunity to examine and be heard on any matter
under consideration by the United States section of the Panel.
(b) Compensation.--The members of such Advisory Committee shall
receive no compensation for their services.
(c) Term Length.--Advisory Committee members shall serve two-year
terms. Any individual appointed to fill a vacancy occurring before the
expiration of any term shall be appointed for the remainder of that
term.
(d) Reappointment.--Advisory Committee members shall be eligible
for reappointment.

c405576fd22063e920b8fdfac7a740c54acd0badfb338e93fbe85a0de1528056

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Panel, the Yukon River Joint Technical Committee, or the
Advisory Committee created under section 705 of this title.

88925a057f289b1f20ba8b2d3e01f12af57a55eee12ae3bed9a4b92b05b723bb

(a) Responsible Management Entity.--The State of Alaska Department
of Fish and Game shall be the responsible management entity for the
United States for the purposes of the Agreement.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish, or change the management
authority of the State of Alaska or the Federal Government with respect
to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made
by the Panel to the responsible management entities in accordance with
the Agreement, the Panel may make recommendations concerning the
conservation and management of salmon originating in the Yukon River to
the Department of the Interior, Department of Commerce, Department of
State, North Pacific Fishery Management Council, and other Federal or
State entities as appropriate. Recommendations by the Panel shall be
advisory in nature.

089d27d1584c8987265ac2ac8ae7f22074af7a8389474e23ebab4b81234ca9a3

In the event that the Treaty between Canada and the United States
of America concerning Pacific Salmon, signed at Ottawa, January 28,
1985, terminates prior to the termination of the Agreement, and the
functions of the Panel are assumed by the ``Yukon River Salmon
Commission'' referenced in the Agreement, the provisions of this title
which apply to the Panel shall thereafter apply to the Yukon River
Salmon Commission, and the other provisions of this title shall remain
in effect.

0872305e8b40fd0ed3ed69f06e4570f330af6837bfed7a70c28cbdcf0ce13666

(a) Panel members and alternate Panel members who are not State or
Federal employees shall receive compensation at the daily rate of GS-15
of the General Schedule when engaged in the actual performance of
duties.
(b) Travel and other necessary expenses shall be paid for all Panel
members, alternate Panel members, United States members of the Joint
Technical Committee, and members of the Advisory Committee when engaged
in the actual performance of duties.
(c) Except for officials of the United States Government,
individuals described in subsection (b) shall not be considered to be
Federal employees while engaged in the actual performance of duties,
except for the purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and chapter
71 of title 28, United States Code.

b370a7da752cba9e9b44c9bd2389fe1865e5156337d4a367d118cea7306aa764

There are authorized to be appropriated $4,000,000 for each fiscal
year for carrying out the purposes and provisions of the Agreement and
this title including--
(1) necessary travel expenses of Panel members, alternate Panel
members, United States members of the Joint Technical Committee,
and members of the Advisory Committee in accordance with Federal
Travel Regulations and sections 5701, 5702, 5704 through 5708, and
5731 of title 5, United States Code;
(2) the United States share of the joint expenses of the Panel
and the Joint Technical Committee: Provided, That Panel members and
alternate Panel members shall not, with respect to commitments
concerning the United States share of the joint expenses, be
subject to section 262(b) of title 22, United States Code, insofar
as it limits the authority of United States representatives to
international organizations with respect to such commitments;
(3) not more than $3,000,000 for each fiscal year to the
Department of the Interior and to the Department of Commerce for
survey, restoration, and enhancement activities related to Yukon
River salmon; and
(4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999
to be contributed to the Yukon River Restoration and Enhancement
Fund and used in accordance with the Agreement.

e665d659388be712026395d65b32febff5f70bd599d45d79eb65eb7312453010

Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g) is
amended by adding at the end thereof the following:
``(h) Notwithstanding the requirements of--
``(1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 46
U.S.C. 12108);
``(2) the general permit issued on December 1, 1980, to the
American Tunaboat Association under section 104(h)(1) of the Marine
Mammal Protection Act (16 U.S.C. 1374(h)(1)); and
``(3) sections 104(h)(2) and 306(a) of the Marine Mammal
Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))--
any vessel documented under the laws of the United States as of the
date of enactment of the Fisheries Act of 1995 for which a license has
been issued under subsection (a) may fish for tuna in the Treaty Area,
including those waters subject to the jurisdiction of the United States
in accordance with international law, subject to the provisions of the
treaty and this Act, provided that no such vessel fishing in the Treaty
Area intentionally deploys a purse seine net to encircle any dolphin or
other marine mammal in the course of fishing under the provisions of
the Treaty or this Act.''.

688822eeafae8912f4012bd82e79ba1e1f7262f4f142641a712e228c35f83f89

TITLE VIII

-MISCELLANEOUS

Notwithstanding any other provision of law--
(1) no allocation may be made to any foreign nation or vessel
under section 201 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) in any fishery for which
there is not a fishery management plan implemented in accordance
with that Act; and
(2) the Secretary of Commerce may not approve the portion of
any permit application submitted under section 204(b) of the Act
which proposes fishing by a foreign vessel for Atlantic mackerel or
Atlantic herring unless--
(A) the appropriate regional fishery management council
recommends under section 204(b)(5) of that Act that the
Secretary approve such fishing, and
(B) the Secretary of Commerce includes in the permit any
conditions or restrictions recommended by the appropriate
regional fishery management council with respect to such
fishing.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0960d5551d43f7bdd36e38fb257234e8a59a36c939ade8a98828b268b6107862

Sea of Okhotsk Fisheries Enforcement Act of 1995 — HR. 716

Other Sections